A content analysis of the Qur’an shows that it lays utmost importance on the realization of justice and conversely the eradication of injustice in society. A historicalanalysis found that social justice was prevalent in Mecca under the leadership of Prophet Muhammad and was also practiced during the period of the first fourrightly guided caliphs (Khulafa-e-rashidun). Since then, the successive Muslim majority states have not taken the issue of social justice seriously. These states have failed in (...) taking an active role in uplifting the ethical and moral standards of society. The documentary analysis of the existing 49 states in the Muslim world found majority of these states to have deviated from the real spirit of Islamic social justice falling within the category of “failed states.”. (shrink)

The following book Social Justice: A Sketch of the West and Islamic World Experiences contains a collection of articles that may be read individually, each concerned with the same issues of social justice. The writers in this book originate from the Western and Islamic World’s countries. All have agreed to explore and contribute to understanding social justice in each pertinent countries’ experiences. The problems being addressed are either descriptive or valuational and, in most cases, (...) are the combination of both. All articles presented in this collection are mainly a reexamination of social justice ideals from the authors’ viewpoints and experiences and how the ideals may be applicable and considered relevant to a particular problem faced by the respective countries. As its generic meaning is commonly recognized, all authors see that social justice is the most fundamental virtue, crucially providential, to be the basis of interpersonal relations ordering and establishing and maintaining a stable political society. While the nature, origin, and legitimate application of social justice are a thing that may be debatable, all authors in this book concur with the notion that there is a need to struggle for a just society. This idea may be best developed to respect persons as free, rational agents without ignoring the particularities of its communities’ challenges, characters, and identities. (shrink)

As emphasised in Islamic sources, justice is one of the most important issues covered in the religion of Islam. In fact, justice is a central theme in Islam and has a special value in this regard. Conversation about justice and its nature, as well as its realisation in human communities, has been thus far a necessity in human life. Actually, the establishment and implementation of justice in all areas are crucial for the utopia. Given (...) the importance of this subject, the present study aims to determine and explain the components of the justice-oriented Islamic community based on the teachings of Nahj al-Balaghah. Therefore, the components that introduce justice orientation in the Islamic community are extracted from the sermons, letters and wise sayings (viz. narrations) of Nahj al-Balaghah. Afterward, the extracted components are classified based on the similarity of the themes and concepts. In the end, five classifications are introduced, including distributive justice, procedural justice, interactional justice, social justice and fairness.Contribution: Based on the determined indices, the model of justice-oriented Islamic community is developed. It is thus recommended to pay more attention to the realisation of a justice-oriented Islamic community by researchers and leaders. This is mainly because of the fact that the opposite of a justice-oriented community is one with injustice, where oppression and disrespect for the rights of others occur, divine blessings change, divine wrath and anger are provoked and destruction approaches. (shrink)

Justice has a high status in Islamic societies, and as one of the most important human ideals, has long been the focus of thinkers and researchers. In fact, when the citizens do not understand the presence of justice in the behaviour of the officials of their society, their trust in the current procedures, and consequently the public participation will be affected. Considering the importance of the subject, the present study has been conducted with the aim of investigating the (...) effect of perception of justice on citizens’ trust and participation in the creation of a democratic Islamic society. The statistical population of this research included 3578 Indonesian Muslim citizens in 2022, and the research questionnaires were distributed among them. Data analyses were done using Statistical Package for the Social Sciences (SPSS) and Linear Structural Relations (LISREL) statistical software. The results of statistical analyses indicated that the perception of Islamic justice does not have a significant effect on the participation of Muslims in creating a democratic Islamic society. In addition, the perception of Islamic justice has a positive effect on the trust in officials of the Islamic society. Moreover, trust in the officials of the Islamic society positively affects the citizens’ participation in creating a democratic Islamic society.Contribution: According to the results of this research, it is necessary for the officials of the Islamic society to use all their efforts in creating a justice-oriented Islamic society in order to create trust among the citizens, and to involve Muslims in development decisions and to establish democratic Islamic society. (shrink)

Despite the fact that many of us live in secular societies, religions are also a factor in our daily lives. New information technologies and highly efficient modes of transportation have made it possible for people from various continents to encounter each other. People of different religions and ethnicities have become neighbors in our cities. Religious dialogue is more necessary in our contemporary world than it has ever been in history. This essay analyzes how the Islamic faith shapes the believers worldview (...) and the way of life. A good understanding of religions is viewed as making dialogue and respect possible, especially between Muslims and Christians in our contemporary societies. Focusing on areas of shared beliefs and practices further promotes collaboration on issues of human flourishing. This essay explores the social-political dimensions of the strict monotheism in the religion of Islam and also argues for its relation to the Christian beliefs and practices. The Islamic understanding of human persons as created by God first before all other creatures is viewed as the foundation of human responsibility. A human being is believed as endowed by God with an inherent responsibility to promote economic and social equality. (shrink)

The principle of the best interests of children must be the main consideration in adjudicating applications for marriage dispensation. However, its implementation becomes problematic when faced with provisions on the ability to grant marriage dispensations for urgent reasons. This article examines how the best interests of children are implemented in legal applications for marriage dispensation in religious court. It employs a socio-legal approach with a maqāsid al-syarī'ah cum-mubadalah perspective. This article proposes that the principle of the best interests of children (...) is yet considered by judges effectively in deciding the cases. This does not reflect the protection of the child’s life, heredity, intellect, property, and religion, and does not consider the unique experiences of women both biologically and socially. Judges have a biased perspective in measuring the meaning of maturity and readiness of girls to marry, ignoring children's rights in education and reproductive health, and subordinate women in the spiritual realm. (shrink)

Islam as both religion and socioeconomic system is based on five main pillars, that is – five basic acts considered mandatory by Muslims, summarized in the hadith of Gabriel. One of them is zakāt (almsgiving), i.e. giving 2.5% of one’s wealth to the poor and needy. In contrary to Christian religion, where question of charity is rather of a voluntary matter, the role of zakāt in Islam is much more rigidly described. Almsgiving is considered as a duty of (...) a pious Muslim towards the poor. Thus in Islamic economy, strongly based on Islam principles given by Allah to Muhammad, zakāt is imposed by law and is not considered a charity but duty rather. The notion of zakāt is mentioned in Qur-an over a 100 times, solely or in conjunction with other commandments. On a basis that zakāt is to be paid as a part of total wealth exceeding given minimum wealth (nisab) it is then justifiable to say that zakāt is principally a tax. A role of this essay is to shed some light on a utilisation and role of zakāt in Islamic economies in socioeconomic context, with an example of Islamic Republic of Pakistan, where in 1980 the Zakāt Ordinance was imposed. The concept of zakāt is present in many Islamic countries, but its nature varies, being dependent from the interpretation of religious law in a given country. Everywhere though, its social role as an important tool maintaining social justice is strongly expressed. Of course zakāt system also has its drawbacks and is subjected to much criticism. The article aims to present both advantages and negative aspects of zakāt. (shrink)

Eine globale Friedensordnung kann nur nachhaltig sein, wenn sie auf entsprechenden Wertvorstellungen und Normen begründet ist, die ihrerseits auf säkularen Friedenskonzepten und religiösen Friedens- und Heilsvorstellungen beruhen. Darum gilt es, friedenfördernde Seiten der Religionen und insbesondere auch des Islams herauszuarbeiten, zu vertiefen und theologisch zu reflektieren. In den meisten Fällen wird Gewalt nicht primär durch Religionen verursacht, aber oft religiös oder theologisch legitimiert, instrumentalisiert oder gar mithilfe religiöser Argumente eskaliert. Der Band thematisiert Fragen zu einer politischen Ethik und zu Friedensvorstellungen (...) aus der Perspektive des Islams. (shrink)

Islam is a religion of vast dimensions which has inspired great civilizations and today offers many men and women comfort and ethical guidance. In this paper I suggest that the tension between the Qur'an accepted as the perfect timeless word of God and the encultured dynamic Islam of nearly a quarter of the world's population results in contending perspectives of women's role and rights. The Qur'an gives men and women spiritual parity, but there are verses in the Qur'an (...) that some feminists find difficult to reconcile with the modern rights of women. Most Islamic feminists make a clear distinction between cultural practices and the pure word of God. 1 There are profound differences in the status of women within and between predominantly Muslim countries. In some countries it is illegal for women to drive a car, or to move freely outside the home, in others women have become heads of state. The decision to wear the veil, often a sign of empowerment in Europe, is in parts of the Islamic world obligatory. Voices representing an exclusivist, literalist understanding of Islam have entered the mainstream of Muslim lives due in part to the fact that Wahhabism imposes a narrow, sectarian view of Islam, and the Saudi government with its massive oil wealth propagates this puritanical form of Islam across the world. Some traditionalist maulanas and maulvis are concerned above all with women's modesty and enforce customs that refine, purify and protect their chastity. They, like some Islamic feminists, position Islamic rights and roles for women with regard to the exoticized and eroticized `other' — in this case Western civilization, Western imperialism and the rise of Western feminism. `The West' becomes for traditional interpreters a kind of contemporary jahilya. There are also many progressive Muslim scholars who seek to articulate a historically accurate, non-idealized, now challenged, now challenging, view of Islam with an uncompromising emphasis on social justice, equality and pluralism. This paper argues that the ongoing, postcolonial battle against Western `imperialism' demands epistemological humility. Nevertheless, women are fighting for basic human rights and freedoms in parts of the Islamic world where the State, religious authorities and the patriarchal family assume the right of legal and moral surveillance. In considering the nature of violence to Muslim women in Pakistan and the UK, I hope to show that accusations of orientalism should not deter us from recognizing the courage of women activists who themselves risk imprisonment and of the struggle of women victims of rape and domestic violence to overcome feelings of shame and dishonour. I argue that both the private and public spheres need to be made safe for all Muslim women, and not just a professional elite. This can only be achieved by a fuller recognition of women's rights encapsulated in law and all aspects of public life. (shrink)

For over a century, intellectual property regimes have been justified using Western philosophical theories rooted in the idea that IP must reward talent and maximize global stocks of knowledge and cultural products. Reframing IP in a context of legal pluralism, Ezieddin Elmahjub brings an Islamic and comparative narrative to the appropriate design and scope of IP rights, and in doing so criticizes the dominance of Western influence on a global regime that impacts the ability of people to access medicine, to (...) read, to imagine, and to reshape popular culture. The Islamic vision of IP, which is based on a broad theory of social justice, maintains that IP cannot simply be seen as a reward for effort or tool to maximize economic efficiency but as one legal right within a complicated distributive scheme affecting fundamental human rights, equal opportunities, and human capabilities. (shrink)

Islamic banking is based on moral foundations that make it distinct from conventional banking. Some argue that because of its foundation in Islam, Islamic banking may represent a more morally appealing alternative. Yet, evidence shows that this is not the case. Indeed, the current practice of Islamic banking has not been able to achieve its goals which are based on Islam's moral values: to enhance justice, equitability, and social well-being. This essay examines the extent to which (...) Islamic banking is ethical and concludes that the practice of the industry does not seem to be de facto ethical from the Islamic perspective of ethical values. It only consists in trading the same instruments of conventional banks without genuinely enforcing Islam's ethical vision. The practice of Islamic banking misrepresents Islam and does not contribute to solving social problems. The interaction between maqasid al-shari᾽a and qiyās provides a supplementary tool for interpreting the failure of the prior in terms of the practical misuse of the latter by Islamic banks. This essay provides an interpretive approach to the current debate about why Islamic banking has failed and suggests ways to move cautiously in the future. (shrink)

This paper discusses conventional and Islamic concepts of distributivejustice, and develops propositions for the establishment of firms deemed to bemoral firms from Islamic perspective. Generally, distributive justice impliesthat goods should be distributed among members of the community accordingto their standing in society. In the Islamic scenario, however, the positive andthe normative aspects work simultaneously. The management of a firm seeksnot only to earn profit in this world but also to get reward in the life-hereafter.Thus, it is duty of a (...) firm to serve the community and look after its shareholders,employees and consumers. This paper also postulates that in a cooperativecum-competitive environment, firms have the same responsibilities as othermembers of the society. Hence, it is the duty of the firm to maintain distributivejustice among its stakeholders. It is also suggested that in the framework of theShariʽah, if there are any imperfections in the market, it is the responsibilityof the state to remove them. This paper also discusses the social and moralresponsibilities of the firms which claim that their products are Shariʽahcompliant. (shrink)

Government is a rational necessity for mankind because a society without government leads to chaos. Government regulates the affairs of the individual and the community, implements the limits, and ensures the dignity and independence of the human society. Thinking in the main goals of the divine prophets, it is clear that achieving great goals such as liberating people from the domination and captivity of foreigners, comprehensive human education, reviving human values, establishing justice, bringing people to excellence and growth, etc., (...) requires formation. In this context, transparency is a key attribute, which can bring much power to the expected level as an effective mechanism for protecting citizens’ political, economic, social and cultural rights. This concept is thus a valuable solution in the fight against sinister phenomena, such as political and economic corruptions, which are ranked as the biggest challenges facing any society. Even though transparency is nowadays deemed an emerging concept, its roots can be traced back to Islamic teachings, mainly during the short reign of Imam Ali, (peace be upon him [PBUH]). As a central figure, Imam Ali considered transparency as essential, and shared his views on governance and practical methods with the people and all audiences based on complete honesty and openness. As per Alavi thoughts, some criteria and indicators, both structural and behavioural, are involved in order to ensure the public good and meet the interests of all by providing the prerequisites for the realisation of transparency, at odds with the predominant ideas that transparency in governance, like many concepts in the political and governance-related spheres, has a western origin. Contribution: The concept of transparency, with a proven history in global experiences, accordingly holds a special place in the literature of Islamic governments. Given the importance of this topic, the present study with an emphasis on transparency aims to examine Islamic teachings on governance in Islamic societies, and reflect on governance transparency components in such societies, relying on expert opinions. (shrink)

This study explores how Islamic business ethics and values impact the way in which Muslim women entrepreneurs conduct their business in the Arab world. Guided by institutional theory as a theoretical framework and social constructionism as a philosophical stance, this study uses a qualitative, interview-based methodology. Capitalizing on in-depth, face-to-face interviews with Muslim Arab women entrepreneurs across four countries in the Arab Middle East region, the results portray how Islamic work values and ethics are embedded in the entrepreneurial activities (...) of these Arab women. The results also illustrate how Muslim women entrepreneurs seek well-being in their life and excellence in their work while running their businesses. The Muslim women entrepreneurs adhered to the Islamic work-related values of good and hard work, honesty and truthfulness, fairness and justice, and benevolence and perceived them as instrumental to the survival and success of their enterprises. The agency of the Muslim Arab women allowed them to construct and navigate their entrepreneurial careers away from the traditional, doctrinaire interpretations of Islam. This study, therefore, contributes to theory development on the interrelationship between gender and business ethics within entrepreneurial contexts and in relation to Muslim values. It also contributes to studies on entrepreneurship and business ethics by showing how Arab women practice entrepreneurship and project their faith in their enterprises. The implications of the study for academics, multinational corporations, and globalization are numerous and important for understanding how business is conducted in Islamic countries. (shrink)

Public health ethics is a subfield of bioethics that focuses on population health. This study aims to conform the principles of biomedical ethics to Islamic values in the context of public health. It culturally helps to optimize health care delivery. The approach is based on the method of immanent critique. The principle of the common good in Islam has a rational justification to draw public interests and ward off harms. The rule of “no harm”, with an emphasis on the (...) preferability of preventing harm to increase benefits, is consistent with the principle of utility, intending to produce a maximum balance of benefit over harm in the context of public health. Thus, on the one hand, the government is obliged to prevent harm and improve public benefits and, on the other hand, as a steward of health and with reference to the article “limitation of the ownership dominance”, it has the right to protect public health with the least justifiable harm. Islam attention to human dignity, individual justice and good will in the rule of goodness implies that Islam, beyond distributive justice, knows that human flourishing and the cultivation of moral virtues are a requisite for the realization of social justice. The present study discusses about the adjustment of the principles of PHE to the principles of the Islamic jurisprudence and, at the same time, it explains why the optimal PH in Muslim societies requires research in order to define accurate indicators of benefit and harm based on the teachings of revelation and reason. (shrink)

The contributors to this special issue of _Tikkun_ seek to redefine the boundaries of political and ethical responsibility by crediting a worldview in which we are held to account for the well-being of everyone who has “passed through our city,” if only momentarily. Their conclusions challenge the ethos of materialism that _Tikkun_ believes is at the root of globalized capitalism and, alternatively, articulate a social justice ethos derived from the Jewish tradition of “accompaniment,” the call to take care (...) of those who enter our common space. Contributors from Christian, Muslim, and Jewish traditions bring an interfaith perspective to the foundations of social responsibility, laying the groundwork for a new global notion of justice. Drawing on a model from Rabbinic Judaism, one contributor discusses homelessness in Los Angeles, calling us to adopt a new, radical sense of obligation in relation to our neighbors. Another offers challenging insights from the point of view of one who grew up homeless. An essay from the Christian tradition expands this model by comparing our mutual relationships to body parts that all belong to the same whole. Another essay extracts from medieval Islamic texts a vision of the state as a caregiver and then compares this vision to life in Vancouver, where citizens’ taxes underwrite robust social services for those in need. Contributors:_ _Rumee Ahmed, Aryeh Cohen, Estelle Frankel, Jill Goldberg, Lisa “Tiny” Gray-Garcia, Peter Laarman, Ana Levy-Lyons, Alexia Salvatierra Michael Lerner is editor of _Tikkun_ and rabbi of Beyt Tikkun; his writings have appeared in many national publications. Alana Yu-lan Price is managing editor of _Tikkun_. Aryeh Cohen is a contributing editor to _Tikkun_. (shrink)

Gendered Morality offers a textual-critical examination of gender in Islamic metaphysics and virtue ethics. Through a close reading of how masculinity and femininity are constructed, the book argues that the historically contingent nature of gender hierarchy, characterized as Islamic and ethical, is at odds with the overarching goal of Islamic ethics as earthly justice. Because the book moves beyond the typical Qur'anic and jurisprudence-based discourses about women's status, it makes a lasting contribution to our understanding of gender in the (...) ethical philosophy of Islam. (shrink)

Charity governance is undergoing a crisis of confidence. In this paper, we suggest an alternative approach to how governance could be perceived and conceptualized by considering the ethical notions of governance embedded in religious enquiry, with a specific focus on the Islamic perspective of governance. We firstly develop an ethical framework for charity governance, utilizing insight from the Islamic perspective. Secondly, we undertake an empirical study to assess the experience of governance within Islamic charity organizations. Our theoretical framework provides a (...) comprehensive approach to viewing organizational governance with an emphasis on governance as a mechanism for working towards social justice and the public good. However, our empirical findings reveal an ‘ethical gap’ between the ideals of the Islamic Ethical Framework and the reality of governance practice within Muslim charity organizations. We consider the implications of these findings and outline avenues for future research. (shrink)

Pursuing Justice, Second Edition, examines the issue of justice by considering the origins of the idea, formal systems of justice, current global issues of justice, and ways in which justice might be achieved by individuals, organizations, and the global community. Part 1 demonstrates how the idea of justice has emerged over time, starting with religion and philosophy, then moving to the justice as a concern of the state, and finally to the concept of (...) social justice. Part 2 outlines the very different mechanisms used by various nations for achieving state justice, including systems based on common law, civil law, and Islamic law, with a separate discussion of the US justice system. Part 3 focuses on four contemporary issues of justice: war, genocide, slavery, and the environment. Finally, Part 4 shows how individuals and organizations can go about pursuing justice, and describes the rise of global justice. This updated timely book helps students understand the complexities and nuances of a society's pursuit of justice. It provides students with the foundations of global justice systems, integrating Greek philosophies and major religious perspectives into a justice perspective, and contributes to undergraduate understanding of international justice bodies, NGOs, and institutions. New edition is completely updated and revised to achieve relevance for today's students Covers concepts of justice as well as ideas for pursuing and achieving justice Examines how our modern laws began, and traces their evolution to today's laws Presents concepts and issues in justice studies as well as a comparison of several systems of law Teaching resources include discussion questions and real-world examples. (shrink)

This book seeks to elucidate the concept of justice, not so much as it is expressed in law courts (retributive and procedural justice) or in state budgets (distributive justice), but as primary justice - what it means and how it can be grounded in the inalienable rights that each human being possesses qua human being. It draws inspiration from two recent works of philosopher Nicolas Wolterstorff, but also from the groundbreaking Islamic initiative of 2007, the Common (...) Word Letter addressed by 138 eminent Muslim scholars and clerics to the pope and all Christian leaders. This document affirmed that the two highest commandments in both Judaism and Christianity are also at the heart of the Islamic tradition - love of God and love of neighbor. In a style that lends itself to the classroom and beyond, the book's six chapters all begin with a case study of justice, so as to emphasize that justice must also be embodied in righteous social, political and economic practices. Along the way, leading contemporary scholars and activists from both traditions urge the reader - Muslim, Christian, or whatever - to look afresh at an age-old conundrum: how do justice and love interact so as to create a world in which everyone finds his or her rightful place? (shrink)

Few words inspire more fear in Americans these days than jihad. Its mere utterance conjures up images of car bombs exploding in crowded mrkets; Boeing 737s crashing into tall buildings; and flag-burning, gun-toting bearded Arab men shouting, "allahu akbar" and "Death to America!" But what if all our stereotypical images of jihad are wrong, and when rightly understood, jihad turns out to be the perfect lens through which to understand the life and mission of Jesus? Jesus and Jihad argues that (...) in early Muslim sources jihad stood for the struggle to transform a violent and unjust pre-Islamic society into one characterized by greater levels of justice and peace. When rescued from his Christian pietistic misinterpretations, Jesus emerges as a highly prophetic figure of resistance to the injustices authorized by Roman imperial power. As Muslims reengage an authentic understanding of jihad, and Christians, through a renewed understanding of jihad, meet the prophetic Jesus from whom they have become estranged, a new era of Christian-Muslim cooperation in the struggle against injustice can become the norm, replacing the current antipathy dividing these communities with a passion to reclaim once again a prophetic heart in service to a hurting world. (shrink)

I argue that the same factors that motivated Catholicism to champion liberal democracy are the same that motivate 21st Century Islam to do the same. I defend this claim by linking political liberalism to democratic secularism. Distinguishing institutional, political, and epistemic dimensions of democratic secularism, I show that moderate forms of political and epistemic secularism are most conducive to fostering the kind of public reasoning essential to democratic legitimacy. This demonstration draws upon the ambivalent impact of Indonesia’s Islamic parties (...) in advancing universal social justice aims as against more sectarian policies. (shrink)

Many philosophers argue that religious schools are guilty of indoctrinatory harm. I think they are right to be worried about that. But in this article, I will postulate that there are other harms for many individuals that are more severe outside the religious school. Accordingly the full scope of harm should be taken into account when evaluating the harm that some religious schools may do. Once we do that, I suggest, justice may require that we choose the lesser harm. (...) To simplify matters, I focus my attention on the stigmatic harm done to Muslims, and the role that Islamic schools might be expected to play in mitigating that harm. If the full weight of stigmatic harm is factored into the ethical analysis concerning Islamic schools, then I suggest that there are sufficiently weighty pro tanto reasons for Muslim parents to prefer an Islamic school over the alternatives, notwithstanding the potential indoctrinatory harm. (shrink)

Globalization has consequences for the religious sphere, but it does not constitute a break with the previous situation. It constitutes rather an acceleration of a process begun with the birth of nation-states. The impact of the values of modernity is general, since even those in power, whatever their tendency, invoke values of democracy, progress, freedom and justice, whereas submission is what was required of subjects. Nevertheless, people today look to religion for fixed reference points, because of the brutal transition (...) from the Middle Ages to the 20th and 21st centuries, and because modernity is not a endogenous phenomenon. Islam then is playing the role of bulwark against western hegemony. It is also instrumentalized both by the powers that be and by the oppositions, all of whom give themselves over to displays of one-upmanship over fidelity to Islam. Does Islam then maintain its relevance in the context of globalization? The fact is that the bases on which social relations are now founded no longer permit discrimination on the ground of sex or religion, and that there is a loosening of the grip of traditional ritualism and that more and more Muslims are looking for an understanding of the faith that is freed from old-fashioned dogmas. These new givens are being demonstrated particularly when it comes to the exercise of power and the condition of women. As a result, traditional conceptions are destined to evolve, particularly concerning the status of the Koran, the growing awareness of the historical process that made the Koran into a juridical code, the archetype that has been stuck to the person of the Prophet, and the alienation that consists in the sacralization of every human act. (shrink)

Ce volume est consacré à une interrogation sur la signification des notions de « justice », « droit » et « justification » et à leur corrélation et contextualité culturelles. Étant donné que dans le monde dans lequel nous vivons, droit et justice ne coïncident pas a priori, l'énoncé « le droit se base sur la justice » serait donc un énoncé descriptif erroné. Les notions de « justice », de « droit » et de « (...) justification » sont des éléments et fonctions de théorie normative. Ni l'idée de droit - la justice - ni le droit positif ne peuvent se comprendre comme une objectivité ontiquement « donnée » par la nature, par la raison ou par l'histoire, une objectivité que les sujets de droit n'auraient qu'à reconnaître. Le savoir et les actions morales s'élaborent dans les contextes du pluralisme des cultures épistémiques et des pratiques sociales. Les normes de conduite dérivent d'une multitude de versions culturelles du monde dans les contextes desquelles les perceptions du bien, de la justice, de l'acte juste, de la reconnaissance et de la réconciliation se différencient également. Le volume développe ces questions dans un esprit critique et dans la perspective transculturelle du dialogue arabo-allemand de l'UNESCO, auquel participent des spécialistes de l'épistémologie, de la philosophie politique, de l'histoire de la philosophie et des religions, notamment de l'Islam. (shrink)

Islamic culture may be labelled a ‘superculture’ on account of its richness, whose living message goes from the peasants of the Indian subcontinent to Africa, for instance, dating back fourteen centuries in time. The author contrasts with an Islam that is frozen in its medieval form an Islam capable of inventing new solutions. The drama of today’s Muslim populations is living under the sign of a failure to adapt, because there has been no adequate analysis of the demands (...) of their time. But there is a social message in Islam, of brotherhood, justice, effort, liberation, which remains to be translated into a project for joint action for current generations. There is integration, the complementarity of individual action, collective effort and spirituality. But the integration of the sacred into social life is so ‘un-contemporary’ that in Islamic lands an extra effort is required to grasp its true implications. (shrink)

The basic resources of the Islamic Society are generally the Qur'an, the Sunnah, the mind, science and culture. The Islamic society that emerged with the migration of Muhammad from Mecca to Medina in 622 was the beginning of a new civilization. This civilization has created a society based on the unity of belief, which goes beyond the principles of language, color, race, geography, blood ties and nationality. According to the French-born Muslim philosopher Roger Garaudy, this society had a very different, (...) universal and transcendent character than the previous ones. Because the principles of the Arab society from which the prophet came, on the contrary, were based on the principles of tribe, cognate and nationality. While this society was based on the rich-poor, male-female, slave-master and black-white distinctions, the Islamic society abolished all these distinctions and was based on the principles of equality, justice, right, law and piety. The purpose of this society, which is the dual aspect of the Islamic society, which is based on the material and spiritual aspects of the Islamic religion, which is based on happiness in both the world and the hereafter, is to order goodness and prevent evil. Thus, the civilization in question both strengthened its own social structure and contributed to world peace. Garaudy opposes those who say that the Islamic civilization is not original but a product of collection and imitation, and says that this civilization is original and noble and its source is based on revelation. It is a region where great civilizations that left their mark on history such as Sassanid, Byzantine, Mesopotamian, African, Indian and Chinese civilizations were influential in the geography where Islamic civilization spread. While Garaudy attributes the reasons for the collapse of this great civilization, which dominated three continents, to the loss of its lively and dynamic character, he also lists some other reasons. He stated that the most important of these are sectarian bigotry and Muslims' distancing from understanding the Qur'an. According to him, the Qur'an is not a book that addresses only the seventh century. He says that the Qur'an addresses every age on its own terms. During the periods when this address of the divine revelation was fully understood, the Islamic society saw peaks in many areas. For example, during the Andalusian Umayyads, Islamic civilization rose to the position of the most developed country in the world. But when it moved away from its main sources, the decline started and the Islamic civilization went into a collapse. (shrink)

This essay focuses on the normative teachings of Islam. Justice, honesty, and public welfare are the pillars of Islamic business ethics. These values have two major roots: (1) belief in and devotion to Allah (God), and (2) the earthly trusteeship that grounds moral accountability. The business values of productivity, hard work, and excellence are encouraged. However, at the heart of various injunctions relating to business transactions are the imperatives of lawfulness, honesty, and fair play. Products or services must (...) be lawful, and produced in lawful ways causing no undue harm to others or to the environment. Competition, distribution, and consumption must be lawful as well. Lawful behavior is enforced by consciousness of Allah, supportive social norms, and government control. Islamic norms may not be uniformly or strictly followed, yet they provide a helpful background to practitioners andresearchers. (shrink)

In a landmark 1994 case, the Court of Justice of the European Union ruled that individuals had the right to ask for Internet links that contained certain information about them to be delisted by search engines. This came to be known as the “right to be forgotten.” This paper discusses the extent to which this right is consistent with the Islamic tradition. Following an overview of some aspects of the right to be forgotten and why it is endorsed in (...) the European Union with its emphasis on privacy but not in the USA with its exaltation of free speech, the paper discusses two related issues: (1) elements in the Islamic tradition potentially conducive to endorsing a particular understanding of the right to be forgotten and (2) some possible obstacles from that tradition that could challenge the recognition of this right from an Islamic perspective. The paper concludes that despite some challenges, including Qur’anic verses and certain views, activities, and institutions, the right to be forgotten is defendable from within the Islamic tradition by reference to the principle of _satr_, which breaches that one should not seek to publicize personal information that causes harm to other people or even to oneself. The paper seeks to contribute to discussions on this new right by showing what a religious tradition such as Islam can offer to them. (shrink)

The role of the business leader is key to develop the culture of an enterprise. To exemplify its importance in the national and globalcontext, the Muslim author from Indonesia points with admiration to Konosuke Matsushita, founder of Matsushita Electric Corporation, who already in the 1930s set up the seven ethical principles for healthy business growth, which also are commended by the Islamic imperative. Due to the current dynamic business environment, Muslims find themselves confronted with serious dilemmas and need guidance from (...) a clearly developed Islamic business ethics. For this purpose the author offers, first, the essentials of such an ethics: the utmost importance of all sort of productive work and the distribution of wealth in society; the vocation of trade; the fundamental principles of freedom and justice for business conduct; the prescription of certain manners such as leniency, service-motive, and consciousness of Allah; and mutual consultation. He, then, presents his personal view on leadership in business. It involves three basic ingredients: an inspiring vision of high and achievable standards; a value system based on the principles of freedom and justice and promoting fairness, business integrity, and efficiency; and courage to face tough decisions while putting one’s complete trust in Allah. (shrink)

There are several primary questions which can lead to asking about the religious urgency related to the mankind’s life. “Is it available for a man to escape from the existence of religion?” “Why does a man need a religion? Why should Islam be born as a religion?” These questions are answered by M. Quraish Shihab based on his commentary. He stated that to have a belief for a man is a nature. While the reason that brings Islam as (...) a fitrah religion is, it is a belief which was brought by the last prophet: Muhammad. The focus of this research is ‘how is the authenticity of the Islamic concept as the fitrah religion according to M. Quraish Shihab?’ This study aimed to analyze the perspective of M. Quraish Shihab as a fitrah religion based on the Qur’an, which points out to take any information about the authenticity of the concept of Islam as a fitrah religion. This research implements library research which applied hermeneutics method. The theory of Fazlur Rahman is used here, which strengthens to the double movement theory on tracking either the authenticity of the message or moral ideal as what outlined in Tafsir Al-Mishbah. Based on the research, it is concluded that the authentic meaning of the concept of Islam as a fitrah religion according to the Quraish Shihab is an exclusive belief and a positive behavior. All prophets are Muslims, but all humans alive after Prophet Muhammad should embrace Islam as part of their submission form to Allah by voluntary and peaceful ways. Non-Muslims should be persuasively introduced to Islam. Because do not embrace Islam not only ignoring fitrah but also denying Muhammad as the last prophet. Nevertheless, M. Quraish Shihab considers it’s important for Muslims to respect other religions in order to maintain social justice by living in peace, mutual understanding and cooperation without sacrificing their faith. (shrink)

Section 1. Introduction. The prophet of non-violence -- section 2. Women in Islam. Women in the light of hadith -- Violence against women and religion -- section 3. War and peace in Islam. Theory of war and peace in Islam -- Centrality of jihad in post Qurʼanic period -- Jihad? But what about other verses in the Qurʼan? -- Islam, democracy and violence -- A critical look at Qurʼanic verses on war and violence -- section 4. (...) Justice and compassion in Islam. Concept of justice in Islam -- Love in Sufi poetry: Maulana Rum, the poet of love -- Compassion in Islam: theology and history -- Islam and compassion: scriptural, historical and contemporary perspective -- section 5. Social issues. Science, West and Islamic origin of science -- Opening chapter of the Qurʼan and its ecological interpretation -- Islam and contemporary issues -- Religion or secularism? -- Modernity, discontent and religion -- Hindu-Muslim unity through religion? -- Religion and conflict. (shrink)

This is the first study to compare the philosophical systems of secular scientific philosopher Mario Bunge (1919-2020), and Moroccan Islamic philosopher Taha Abd al-Rahman (b.1945). In their efforts to establish the philosophical underpinnings of an ideal modernity these two great thinkers speak to the same elements of the human condition, despite their opposing secular and religious worldviews. While the differences between Bunge’s critical-realist epistemology and materialist ontology on the one hand, and Taha’s spiritualist ontology and revelational-mystical epistemology on the other, (...) are fundamental, there is remarkable common ground between their scientific and Islamic versions of humanism. Both call for an ethics of prosperity combined with social justice, and both criticize postmodernism and religious conservatism. The aspiration of this book is to serve as a model for future dialogue between holders of Western and Islamic worldviews, in mutual pursuit of modernity’s best-case scenario. (shrink)

I examine the rising tension between two Islamic movements in Turkey: The Justice and Development Party and Fethullah Gülen’s Hizmet Movement within the context of increased human rights abuses by the government in Turkey. I argue that Gülen and Hizmet are a continued concern for Recep Tayyip Erdogan and AKP because of Hizmet’s social services, primarily in the realm of education. Furthermore, their influence in public ranks further troubles Erdogan. However, it seems that because of Hizmet’s disinterest with (...) electoral politics, along with an absence of other challengers to the ruling government party’s electoral success, Erdogan and the AKP will continue to hold political power, at least for the short term. Furthermore, this case illustrates Erdogan’s willingness to carry out increased authoritarian actions, as well as a willingness to violate the human rights of civil society actors in Turkey. (shrink)

One of the most significant economic challenges faced by people with disabilities in Turkey and globally is employment. Unfortunately, even in developed countries, the desired level of employment of the disabled individuals has not yet been measured up. The fundamental rights and freedoms of employment and labor have gained a basis of legitimacy through certain principles within the legal system throughout human history. As a matter of fact, in the main references of Islamic law, the principles of justice, rights, (...) equality of opportunity, merit, anti-discrimination, and social responsibility for all people in general and disabled people in particular have been a reference in the development of employment policies. In this regard, the main objective of Islamic economic policies has been determined as ensuring the happiness of the individual in this world and the hereafter since the early period. The study first includes active and passive employment models developed in modern legal systems. It can be stated in this framework that from the early period, both in the practices of the Prophet Muhammad and the Companions and in the later Islamic societies, institutionalization was provided according to the characteristics of the period in which disabled individuals were actively and passively employed, and it can be stated that the developments regarding the employment of disabled individuals in Islamic societies started much earlier than expected. However, we must admit that legal regulations in the modern sense were introduced later compared to the West. The study focuses on the phenomenon of disability, the problems and needs of the disabled, and the studies on employment in Islamic societies from the past to the present. It is determined that many disabled people in Islamic society are actively employed in state positions ranging from imam to judge, from commander to governor according to their abilities, and the disabled people who cannot be employed are compensated for their disadvantages through passive employment methods such as health, care, housing, salary binding, and tax reduction. Determining the principles of employment of disabled according to Islamic law is the main subject of the study, and it has been established that maslahah, custom, siyasa shar’iyya, merit, and sedd-i zerâi constitute the jurisprudential basis of the employment of the disabled in Islamic law. In this framework, it has been stated that the principle of maslahah plays a key role in the development of social responsibility policies, in resolving issues that are not included in verses and hadiths and furû fiqh acquis, in gaining the economic independence of disabled and ensuring the minimum standard of living. Maslahah is also beneficial for the individual, family, society and the state, too. It has been pointed out that the employment of disabled people has become one of the most significant matters of both national and international legal regulations today, and it has been determined that the employment of disabled people has transformed into customary practices in accordance with the criteria of being a source of Islamic law. In Islamic administrative law, active and passive employment policies, legal regulations, and institutional structures related to disabled are carried out by the authority delegated to public administrators under the siyasa shar'iyya. It has been emphasized that administrative and public service appointments in Islamic law are ordered to be made on the basis of merit, that nepotism and favoritism are prohibited, and that disability is not an obstacle to employment. In conclusion, the insufficiency of studies on employment of people with disabilities in Islamic law has been pointed out and it has been suggested that further studies should be carried out on these subjects and exploitation of disability according to Islamic law should be studied. (shrink)

In late 2003, the Canadian media reported that the Islamic Institute of Civil Justice would start offering arbitration in family disputes in accordance with both Islamic legal principles and Ontario's Arbitration Act of 1991. A vociferous two-year debate ensued on the introduction of “Sharia law” in Ontario. This article analyzes representations of Muslim women's agency that came to the fore in this debate by examining reports in three Canadian newspapers. The debate demonstrated two notions of agency. The predominant perspective (...) conceptualized Muslim women's agency as their ability to resist domination, tying secularization to agency. A second strain of the debate portrayed agency as embedded in intersecting social forces of domination and subordination. The first perspective homogenized diverse Muslim communities, fostering the gendered racialization of these communities. Understanding agency as embedded, by contrast, enabled conceptualizations of Muslim women as agentic religious subjects. (shrink)

In this article, recent attempts by the Justice and Development Party (AKP) to address the problems of Alevi citizens in Turkey are analysed. After briefly outlining the sources of Alevi revitalization in the 1990s, the article critically discusses different aspects of the Alevi Opening process. It concludes by arguing that the Alevi question reveals many aspects of the problematic nature of secularism in Turkey.

Despite its promises, the Islamic state of Iran has systematically prioritized political considerations over religious precepts, inadvertently generating a reformist religious discourse that challenges the very foundations of the Islamic state. This article conceptualizes the religious secularity discourse and the paradoxes ingrained in the Islamic state. The religious secularity discourse rejects the notion that Islamic holy texts offer a blueprint for governance and calls for the secular democratic state to realize the core principle of Islam: justice [Adl]. Towards (...) this end, inclusive secular democratic principles champion a socio-political polity conducive to the cultivation of genuine religiosity, whereby faith and religious practices are free of coercion by fellow citizens or state institutions. By blurring the boundary between the religious and the secular and challenging the religious secular dichotomy, religious secularity highlights the relevance and possibility of harmonizing Islamic and inclusive secular democratic principles. (shrink)

Basic characteristic of Islamic heritage law, principally it has accepted the two-to-one ratio between the male and the female children/siblings in division of heritage. In Islamic inheritance law, the main/basic reason why the share of the male is twice the share of the female is no “value” judgments given to female/women in creation and gender in Islam, on the contrary, are real realities related with the roles and financial obligations that man and woman have undertaken, in other words, related (...) with “socio-economic structure/fact” in the family and society structure foreseen by Islam. As a matter of fact, “need principle” is based on in division and succession of heritageand a fair arrangement has been made in accordance with the rights and responsibilities of the husband and wife in Islamic Law. In some classical tafsīr books, the concept of “degree” in the verse “... Men have a degree (right) over women” (Al-Baqara 2/228) mentioning the mutual rights and responsibilities of women and men; and the expression of “lil al-dhakari mithlu haẓẓ al-unthayain” in the verse –the inheritance of man is the share of two women– (Al-Nisā 4/11) mentioning the inheritance shares of boys and girls is interpreted against the woman by disregarding the intended purpose and socio-economic contexts of these verses. As a result of this interpretation, the share of men in inheritance is twice the share of women in Islamic law is ontologically (existential/creation) based on a justification that “man is superior to woman”. In this article/study, an analyticallook atthe interpretations in some classical tafsīr books on the axis of “daraja/degree” and “lil al-dhakari mithlu haẓẓ al-unthayain” that today sheds light on the sociological-historical background of depriving the daughter from the heritage will be made. Summary: Just as there is no way to determine a person’s sex, it is not either possible by reason to have such an opportunity. - With the possibility of medical intervention nowadays - sex is determined by the discretion of the Supreme Creator rather than will. Indeed, it is mentioned in the Qur’ān: To Allah belongs the dominion of the heavens and the earth; He creates what he wills. He gives to whom He wills female [children], and He gives to whom He wills males (Al-Shūrā 42/49.)In addition to human biological sex, there is also social gender. Indeed, the term “sex” refers to being biologically female or male, while the term "gender" refers to the social and cultural identity of a woman or man, or the social roles that occur in the historical process.Accordingly, while it is not possible to determine biological sex (in normal circumstances in advance), determining gender is shaped by the cultural will of individuals and societies. As a matter of fact, gender is shaped according to the religions, customs and cultures of the societies and it shows differences according to time, culture and family structure. In this context, in the pre-Islamic Arab society, the gender of the girl or the woman was shaped by the custom of the ritual and customs. Indeed, it is a known fact that during the period of Jahiliyyah, in terms of social gender, the girl/woman has been deprived of many social and economic rights, especially heritage. The Qur’ān has brought the girls who, in the period of Jahiliyyah, were oppressed in terms of gender, deprived of many social and economical rights, treated as second class human, embarrassed of themselves and buried alive, to the same position as man. In this context, as it is in every field in the direction of social structure and social conditions of that day, also in the field of inheritance law, a number of regulations were made in the Qur’ān and the Sunnah being the main sources of Islam. The divisions of the inheritance were connected with religious and legal rules and the shares of the inheritance of the sons and daughters were determined by naṣṣ (verses and hadiths).However, in Islamic inheritance law, as a requirement of the structure of family and society accepted by Islam, in principle, “two-to-one” measures have been adopted between male and female children. As a matter of fact, in this aspect, it is mentioned in the Qur’ān: Allah instructs you concerning your children: for the male, what is equal to the share of two females (Al-Nisā 4/11.)On one hand, the principle that Islamic law brings between boys and girls; Seems to be an inequality in terms of the arrangement in which "the inheritance share of the male child is twice the share of the female child", while on the other hand, within the border of in the family foreseen by Islam, this regulation has not been seen as an injustice and inequity by Muslim societies, because in Islamic family law, a man is obliged to ensure the livelihood of the family after marriage. He is also obliged to give his wife her mahr when marrying.In Islamic inheritance law, “necessity principle” is taken as the basis of responsibility that women and man have undertaken in family and society. Therefore, even though giving nothing at all to those who are not in need and giving less to those who are in less need, giving too much to those who are in much need might seem contrary to the principle of equality, it is a necessity of the principle of justice and fairness. As a matter of fact, while "law equality, necessity in sharing" principle, law is arranged according to people's qualifications, goods and wealth sharing is divided according to the needs of people. In this context, there has been a fair division in Islamic heritage law based on the necessity, (distributive) justice and fairness principle. Indeed, the French philosopher Roger Garaudy (1913-2012), who chose /converted to Islam, evaluates the following about the proportion of male child in the Qur'an to that of female child: “When we consider that in the Arab society all the obligations of the family and of the care of the parents and of all the things that we call ‘social security’ today are put on the shoulders of the husband, the hereditary male child's share must be twice as high as the female child’s is”.As Garaudy argues, the difference in the inheritance of women and men in Islamic inheritance law is not a legal discrimination/inequality, but a form of divisiveness stemming from a need based on the role and responsibility that women and men have undertaken in the family and society. Therefore, giving nothing to those who need nothing, giving little to those who need little, and giving a lot to those who need a lot,even though may seem contradictious to the principle of equality, it becomes a necessity of equity and (distributive) justice principle. In this case, in Islamic inheritance law, the basic reason why the share of the male child is twice the share of the female child, is social and economic reasons and it is possible to rank them as follows:1) According to Islamic law, women are not obliged to make their own economic livelihoods. The woman’s economic responsibility belongs to her father or brothers before marriage, and then to her husband after marriage. 2) When a woman is married she is not responsible for herself or other family members’ livelihood. The male is obliged to make a living for himself, his wife and his children.3) While married, the male is obliged to give the wife mahr. The woman has no such responsibility.As it is understood from the above explanations, in Islamic inheritance law, the basic reason why the share of the male child is twice the share of the female child is not about the ontologically “value” based on creation and sex given to the woman (girl child) in Islam. On the contrary, it is the real facts concerning the family and society structure that Islam predicts, the roles and financial obligations that man and woman have undertaken, namely “socio-economic structure/fact”.In some commentaries in classical commentary books, the rights and responsibilities of women and men are referred to, like: the word “degree” mentioned in: …but the men have a degree over them [in responsibility and authority (Al-Baqara 2/228), and the talk about the inheritance shares of boys and girls in: for the male, what is equal to the share of two females (Al-Nisā 4/11). Eventually, the concepts “lil al-dhakari mithlu haẓẓ al-unthayain” have been associated with the gender of the woman/girl child ontologically (based on social fact) by ignoring the referent purpose and socio-economic contexts of these verses. As a result of these interpretations, it was desired that the Islamic law principle of inheritance share of male child being twice the share of female child, ontologically, should be based on a justification that “man is superior to woman”.In this study, some of the era’s dominant culture classical interpretations grounding women's inheritances share on her gender and based on the axis of the concepts of "degree" and “lil al-dhakari mithlu haẓẓ al-unthayain” in the related verses of the Qur'ān will be elaborated. (shrink)

Résumé La culture islamique peut être qualifiée de « superculture » par sa richesse, dont le message vivant va des paysans d’Insulinde à l’Afrique, par exemple, et qui remonte à quatorze siècles dans le temps. L’auteur oppose à un islam figé dans son élaboration médiévale un islam capable d’inventer des solutions renouvelées. Le drame des peuples musulmans d’aujourd’hui est de vivre sous le signe de l’inadéquation, faute d’une analyse suffisante des exigences de leur temps. Mais il y a (...) un message social de l’islam, de fraternité, de justice, d’effort, de libération, à traduire en projet d’action collective pour les générations actuelles. Il y a intégration, complémentarité de l’action individuelle, de l’œuvre collective et de la spiritualité. Mais l’intégration du sacré à la vie sociale est tellement « inactuelle » que en terre d’islam, il faut un surcroît d’effort pour en appréhender les véritables pièges. (shrink)